View single post by Joe Kelley
 Posted: Thu Sep 28th, 2017 01:32 pm
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Joe Kelley

 

Joined: Mon Nov 21st, 2005
Location: California USA
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https://supreme.justia.com/cases/federal/us/123/623/case.html
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"the jurisdiction of courts of equity seems to be of a very ancient date, and has been distinctly traced back to the reign of Queen Elizabeth. The jurisdiction is applicable not only to public nuisances, strictly so called, but also to purprestures upon public rights and property. . . . In case of public nuisances, properly so called, an indictment lies to abate them, and to punish the
Page 123 U. S. 673
offenders. But an information also lies in equity to redress the grievance by way of injunction."
2 Stroy, Eq.Jur. ยงยง 921, 922. The ground of this jurisdiction in cases of purpresture, as well as of public nuisances, is the ability of courts of equity to give a more speedy, effectual, and permanent remedy than can be had at law. They cannot only prevent nuisances that are threatened, and before irreparable mischief ensues, but arrest or abate those in progress, and, by perpetual injunction, protect the public against them in the future, whereas courts of law can only reach existing nuisances, leaving future acts to be the subject of new prosecutions or proceedings. This is a salutary jurisdiction, especially where a nuisance affects the health, morals, or safety of the community. Though not frequently exercised, the power undoubtedly exists in courts of equity thus to protect the public against injury. District Attorney v. Railroad Co., 16 Gray, 245; Attorney General v. Railroad, 3 N. J. Eq. 139; Attorney General v. Ice Co., 104 Mass. 244; State v. Mayor, 5 Port. (Ala.) 279, 294; Hoole v. Attorney General, 22 Ala. 194; Attorney General v. Hunter, 1 Dev.Eq. 13; Attorney General v. Forbes, 2 Mylne & C. 123, 129, 133; Attorney General v. Railway Co., 1 Drew. & S. 161; Eden, Inj. 259; Kerr, Inj. (2d Ed.) 168.
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Could not find: "Every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellow man without his consent. Mugler v. Kansas 123 U.S. 623, 659-60."